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Patna High CourtCR. MISC./51312/2019bail granted

Golu Singh @ Sonu Kumar v. The State Of Bihar

2019-09-11Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51312 of 2019 Arising Out of PS. Case No.-72 Year-2019 Thana- JANDAHA District- Vaishali ====================================================== 1.

GOLU SINGH @ SONU KUMAR Son of Raju Singh Resident of Village - Chak Bhairo, P.S.- Jandaha, District- Vaishali 2.

Raju Singh Son of Late Yogi Singh Resident of Village - Chak Bhairo, P.S.- Jandaha, District- Vaishali ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dilip Kumar Roy For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-09-2019 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Jandaha Police Station Case No. 72 of 2019, disclosing offences under Sections 341/323/324/307/379/504/34 of the Indian Penal Code.

The allegation against the petitioners is that the petitioners, along with others, assaulted the informant by means of fasuli over his shoulder and lathi.

Learned Counsel for the petitioners submits that both the parties are co-villagers and there is case and counter case between the parties inasmuch as Jandaha Police Station

Patna High Court CR. MISC. No.51312 of 2019(3) dt.11-09-2019 2/3 Case No. 93 of 2019 has been lodged by petitioner no. 2. He further submits that both the parties have amicably settled their dispute outside the Court and a joint petition has been filed in the learned Court below, which is part of the First Information Report also. He further submits that similarly situated coaccused person, Mukesh Singh, against whom there is allegation of assault on the informant by means of sword, has been granted anticipatory bail by his Court by order, dated 08.08.2019, passed in Criminal Misc. No. 49637 of 2019. He next submits that injuries caused to the informant have been found to be simple in nature, as would be evident from Annexure-3.

After having heard learned Counsel for the parties and taking into consideration the fact that both the parties are co-villagers, there is case and counter case and the injuries caused to the informant are simple in nature, I am inclined to grant the petitioners privilege of anticipatory bail. Accordingly, this application is allowed.

Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief

Patna High Court CR. MISC. No.51312 of 2019(3) dt.11-09-2019 3/3 Judicial Magistrate-XI, Vaishali, at Hajipur, in connection with Jandaha Police Station Case No. 72 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √